CO129-380 - Governor Sir Lugard - 1911 [9-10] — Page 313

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CO

See paragraph 3 of Brewin's Memo. No definite application of the principle can be made until it is known on what lines the Chinese Government are going to administer their new laws. They are careful to avoid stating what persons they consider entitled to divest themselves of Chinese nationality. Generally however we might be prepared to make concession in this direc- tion, and so negociate on the basis that we do not

intend to extend our protection to persons who have

not a bona fide intention of retaining a Hong Kong

"domicile*. I think however it would be wisest not

definitely to sanction the points 5 (ii) a &c in the

Governor's despatch. And as to

(b) There is a difference of practice among European

nations see Hall page 251. I think we should be pre-

pared to give way on this point or to allow the children an option.

We should obviously claim all residents in

Hong Kong Kowloon or New Territories at respective

dates of Cession and their children. The case of

these is discussed at length on pages 2-5 of Alabaster's

memorandum when he comes to the opposite conclusion.

As to the end of the despatch see Robinson's note

paragraph 8.

ст.

612

24

ONFIDENTIAL.

Sir,

80.11360.

241 LE

10.

37662

R: 25 NOV I

GOVERNMENT HOUSE,

HONGKONG, 16th. October, 1911.

I have the honour to acknowledge receipt

of your Despatch Confidential of 31st. May, 1911, transmitting

a copy of correspondence with the Foreign Office on the subject of the status in China of "Anglo-Chinese".

2.

3.

In accordance with your instructions I have caused Dr. Ho Kai to be informed that such persons should be encouraged to divest themselves of Chinese nationality, pro- -vided they fall under Classes (1), (2), and (4) as defined in Sir Henry May's Confidential Despatch of 9th. June, 1910.

In view of the decision arrived at in the correspondence under reply viz.:- that the question should be re-opened with the Chinese Government in order to obtain a final settlement of the points at issue, I have studied the documents now forwarded to me with great care and I submit to you the following conclusions at which I have arrived, in the hope that they may be of some value to your legal advisers in their examination of this very difficult question.

4.

In the first place it is essential to

bear in mind a few general considerations and facts, in order

that legal theory may whore necessary give way to practical

necessity and utility.

RICHT HONOURABLE

LEWIS HARCOURT, M.P.,

&c.,

&C..

(a).

&o...

Foremost amongst such considerations

stands